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General
Capital Increase from Company Funds
- In a capital increase from company funds, the company’s reserves are converted into share capital.
- A capital increase from company funds requires audited and certified annual financial statements.
- The procedure requires the involvement and notarisation by a notary.
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General
Land Subdivision: Legal Framework and Procedure
- Land subdivision refers to the division of a single property into several separate plots of land.
- In principle, the subdivision of land does not require official approval, although permits may be necessary in certain exceptional cases.
- The most complex and time-consuming step in the subdivision process is the surveying of the newly created plots.
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Real Estate Law
Update: Registration of Legacy WEG Resolutions and Liability Agreements in the Land Register as of 1 January 2026
With effect from 31 December 2025, the transitional provisions of Section 48 of the German Condominium Act (Wohnungseigentumsgesetz – WEG) have definitively expired. Since 1 January 2026, the validity of certain legacy provisions vis-à-vis purchasers depends decisively on whether they are registered in the land register. This continues to result in significant practical implications, particularly for property managers.
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Corporate Law
GmbH vs. UG: Which legal form is right for you?
- A GmbH and a UG are both limited liability companies.
- Forming a GmbH requires significantly higher share capital.
- The conversion of a UG into a GmbH is carried out through a capital increase.
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Real Estate Law
What is a Heritable Building Right Agreement?
- The heritable building right entitles the leaseholder to acquire ownership of a building constructed on land owned by another party.
- The heritable building right provides a way to acquire ownership of a house without having to purchase the underlying land.
- The leaseholder must pay the landowner a ground rent for the use of the property.
- Heritable building rights are generally granted for a fixed term (e.g. 100 years).
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Corporate Law
The Sale of GmbH Shares
- The purchase agreement for GmbH shares must be notarised.
- Whether the shares can be freely transferred depends on the provisions of the company’s articles of association. Restrictions on transferability may also be stipulated in shareholders’ agreements.
- The notarial fees are based on the value of the shares.
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